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In an effort to "help employers to review their handbooks and other rules, and conform them if necessary, to ensure that they are lawful," the NLRB general counsel recently issued a 30-page memorandum setting forth guidance on employers' internal personnel policies to ensure compliance with the NLRA. The report is relevant to nearly all private employers, regardless of whether they have union-represented employees.
Features
Spousal guaranties are about to receive additional scrutiny now that the United States Supreme Court has decided to grant certiorari to a decision by the Eighth Circuit regarding whether a spousal guarantor is an "applicant" entitled to bring an action under the Equal Credit Opportunity Act and related implementing regulation (Regulation B).
One of the most important parts of the franchise relationship comes before a single product is sold, and even before a franchise agreement is signed. And this part concerns the procedure and content of franchisor disclosure of information to the franchisee via the franchise disclosure document (FDD). As the cases below show, the process and content surrounding the FDD can make or break potential claims between franchisors and franchisees.
Columns & Departments
In-depth discussion of several key cases.
Features
In <I>Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc.</I>, the Supreme Court, over the objection of four dissenting justices, held that proof of discriminatory intent or treatment was not essential to a Fair Housing Act claim.
On May 5, 2015, United States District Judge Vincent L. Bricetti affirmed the confirmation order issued by United States Bankruptcy Judge Robert D. Drain in the MPM Silicones LLC ( Momentive ) Chapter 11 cases. We discussed the facts and analyzed Judge Drain's ruling with respect to the applicable cramdown interest rate to be applied to secured claims under section 1129(b)(2)(A)(i) of the Bankruptcy Code in a prior article ( see "Cramdown Interest Rates in Chapter 11," Equipment Leasing Newsletter , March 2015, http: //bit.ly/1Jr81HU). On appeal, the senior lien appellants argued that the plan of reorganization confirmed by Judge Drain violated section 1129(b) by using a "formula approach" to calculate the cramdown interest rate, and, in the alternative, by calculating the cramdown interest rate under the formula approach incorrectly.
Features
This article examines what the author calls the present scourge of food litigation being driven by class-action attorneys on the theory that a regulatory violation of any magnitude amounts to an unfair or deceptive trade practice under state consumer protection statutes.
As a new school year begins, the use of social media is more prevalent in the classroom than ever. And while many school districts have adopted social media policies relating to the regulation of its students' actions, many have not implemented similar policies with respect to its employees, including teachers and other staff.
Features
Infidelity website AshleyMadison.com and its parent company Avid Life Media Inc. have been hit with a pair of class actions in Los Angeles federal court stemming from the site's recent data breach.
Features
The authors present a rebuttal to this month's article on class actions.
